News Summary
The South Carolina Appeals Court has upheld a $20 million negligence verdict against Lack’s Beach Service related to a tragic drowning incident in 2018. The case raises concerns about liability coverage, lifeguard training standards, and risk management practices. Eyewitness accounts highlighted the ineffective response of lifeguards during the incident, while testimony revealed inadequate training and understaffing. The ruling has significant implications for beach safety management and the responsibilities of service providers to protect patrons.
Myrtle Beach, South Carolina – The South Carolina Appeals Court has upheld a $20 million verdict for negligence against Lack’s Beach Service on July 16, related to a tragic drowning incident that occurred in 2018. This ruling raises serious questions regarding liability coverage limits, risk management practices, and the adequacy of lifeguard training standards.
The drowning incident took place on August 24, 2018, while vacationing at Sea Crest Resort. Zerihun Wolde was enjoying the beach with his fiancée, Meswaet Abel, and their four children when he and two of his children entered the ocean near lifeguard stand L-22, which was managed by Lack’s Beach Service.
While swimming, Wolde and his children were caught in a dangerous rip current. Trial testimonies indicated that Wolde struggled visibly in the water for ten to fifteen minutes, shouting for help and gasping for air. Although bystanders observed Wolde’s distress, Lack’s Beach Service lifeguards did not respond in a timely manner. Eventually, bystanders managed to rescue Wolde, but he was transported to a local hospital where he was pronounced dead due to drowning shortly thereafter.
Serious issues regarding the lifeguarding practices of Lack’s Beach Service surfaced during the trial. It was revealed that lifeguards were performing dual roles—handling both lifeguard duties and selling beach gear—which likely detracted from their primary responsibilities. An eyewitness noted that a lifeguard at stand L-22 was seated with their back facing the ocean and engaged in conversation with beachgoers prior to the incident.
Further testimony established that the lifeguards at Lack’s Beach Service were inadequately trained. They did not complete the required 40 hours of open-water lifesaving instruction as outlined in the franchise agreement with Myrtle Beach, which necessitated alignment with United States Lifesaving Association (USLA) standards. On the day of the incident, Lack’s acknowledged being understaffed and failing to meet the necessary lifeguard-to-beachgoer ratio. Additionally, the nearest lifeguard stand (L-21) to Wolde’s location was unstaffed during a lifeguard lunch break and failed to display flags that would indicate hazardous rip currents.
The jury awarded approximately $13.73 million in compensatory damages, which included $10 million for wrongful death and $3.73 million for Wolde’s conscious pain and suffering. They also granted an extra $7 million in punitive damages, concluding that Lack’s had acted recklessly. During the punitive damages phase, Lack’s revealed that it only had $3 million in total liability insurance coverage, which raised further concerns about their financial responsibility.
As of December 31, 2021, Lack’s Beach Service reported a negative net worth of approximately $473,350.51, amplifying the implications of the court’s decision. The appellate court ruling holds Lack’s and its insurer accountable for a financial judgment that significantly exceeds their insurance coverage limits.
This case serves as a cautionary tale for insurance providers regarding the critical importance of robust risk management practices and effectively communicating policy limits and coverage details. The court’s decision emphasizes the need for thorough discussions between liability insurers and their clients about the scope of coverage and respective limits, particularly in contexts involving public safety.
As the case continues to unfold in the aftermath of the verdict, it may have significant implications for how beach safety is managed and regulated in the state, as well as highlighting the responsibilities of service providers to ensure the safety of their patrons.
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Additional Resources
- Myrtle Beach Online: Lawsuit Updates
- Wikipedia: Drowning
- WPDE: NMB Officer DUI Crash Lawsuit
- Google Search: North Myrtle Beach Police Department
- WECT: Lawsuit Against NMB Police Sergeant
- Encyclopedia Britannica: Lawsuit
- Myrtle Beach Online: Crime Updates
- Google News: Lack’s Beach Service
- Myrtle Beach Online: Local News
- Google Scholar: Beach Safety Practices
- WMBF News: Wrongful Death Lawsuit
- Encyclopedia Britannica: Wrongful Death
- Myrtle Beach Online: Beach Safety Lawsuit
- Google Search: Beach Safety Laws
Author: STAFF HERE MYRTLE BEACH
The HERE Myrtle Beach Staff Writers are a collaborative team of journalists, editors, and local contributors passionate about delivering accurate, timely information to the Myrtle Beach community. As part of the HEREcity.com Network, which powers over 100 U.S. city sites including HEREcolumbia.com, our staff draws on collective experience in South Carolina journalism to cover everything from business sales and real estate developments to dining deals and community initiatives. Our Expertise and Background Local Roots in Myrtle Beach Our team includes lifelong Myrtle Beach residents and SC natives with deep knowledge of the area’s history, economy, and culture. We’ve covered key events like the recent developments along the Grand Strand, Myrtle Beach’s tourism and hospitality industry, and growth in local education sectors (e.g., Coastal Carolina University programs). Collective Experience With over 50 combined years in journalism, our staff has backgrounds in print, digital media, and community reporting. We prioritize fact-based stories, drawing from sources like the Myrtle Beach Area Chamber of Commerce, city government records, and on-the-ground interviews. Commitment to Quality Every article is a group effort, involving research, editing, and verification to ensure reliability. We adhere to journalistic standards, citing credible sources and updating content as new details emerge.
